Recalculation of damages for breach of professional duty. An award of damages for breach of professional duty was recalculated to put the victim of the breach in the position that it would have been in if the breach had not occurred. ......

Swift J awarded the claimant general damages for pain, suffering and loss of amenity in the sum of £235,000 in respect of personal injuries sustained as a result of the defendant's negligent management of his mother's labour and his subsequent birth. In particular, the claimant had sustained v......

Where two drivers drove in tandem at excessive speeds a duty of care was owed by the second driver not just to the leading driver but also to those that might reasonably be affected by the second driver's actions. ......

Costs consequences of fraudulent or exaggerated claims In a claim for personal injury sustained after falling down a flight of stairs, the trial judge found that, contrary to the claimant's pleaded case, the consequences of her fall were comparatively minor and that she had deliberat......

The pursuer claimed that he suffered loss, injury and damage as a result of an accident at work where a man, Mr McShane, died. It was averred that when the pursuer was moving his trailer he heard a loud noise and then a scream. He stopped his lorry immediately, but employees of the defenders shoute......

The pursuer claimed that he suffered loss, injury and damage as a result of an accident at work where a man, Mr McShane, died. It was averred that when the pursuer was moving his trailer he heard a loud noise and then a scream. He stopped his lorry immediately, but employees of the defenders shoute......

This is an Outer House case in which William Campbell sued his employer (Peter Gordon Joiners Limited), the sole director of his employer (Peter Gordon) and the liquidator of his employer after suffering injury in an accident involving a circular saw whilst at work. The employers' liability insuran......

Personal Injury: The matter came before the sheriff as a result of a pursuer's motion to be allowed to amend the Record in terms of a Minute of Amendment. The defenders did not oppose items 1 and 2 of the Minute of Amendment but opposed the rest based on the argument that the new matter was being i......

A private individual, William Walton, brought this reclaiming action against a decision of the Outer House of the Court of Sessions from August 2011. The Outer House had refused an application for statutory appeal under the Roads (Scotland) Act 1984 (RSA) against the Scottish Ministers in relation ......

Local Authority Liable To Claimant Exposed to Asbestos as Schoolchild : Nicol J held that a Claimant who had contracted mesothelioma had been negligently exposed to asbestos dust from ceiling tiles, as disturbed during works and vandalism, in the Defendant's secondary school whilst she was a pupil......

The Court of Appeal held that whilst there had been insufficient evidence before the Judge to support the second of three sources of exposure to asbestos found by the Judge, the Judge had been entitled to find a more than de minimis exposure to asbestos from the other two sources. Accordingly, it w......

Finding of Conscious Exaggeration:Whilst the trial judge had held that there was conscious exaggeration by the Claimant, this in itself was not determinative of whether the accident had caused the Claimant's symptoms for longer than three months, or whether it had led to his discharge from the forc......

Expert Evidence: In a claim for personal injury after a road traffic accident, where the case turned on whose expert evidence was to be preferred, the judge had made no error in his preference of the defendant's expert evidence. ......

D, a coach driver, had stopped at a T-junction, intending to turn right into a single carriageway A-road. To her left there was a queue of stationary traffic. To her right there was a tractor which had left a gap enabling D to pull out and turn right. C, a motorcyclist, was overtaking the queue to ......

Do schools owe non-delegable duties to pupils?Judgment of the Court of Appeal in Woodland (by her father and litigation friend Ian Woodland) v Essex County Council [2012] EWCA Civ 239 on 9 March 2012. In that case a school pupil was injured in a swimming lesson during the course of the school day. ......

By way of determination of a preliminary issue, Langstaff J rejected the Claimant pupil's claim that the Defendant local education authority (which ran her school) owed her a non-delegable duty of care. Accordingly, Langstaff J held that the school was not liable for the alleged negligence of a lif......

Rider at an equestrian event collided with a photographer. Held to be an error of judgment and not negligent. In the context of the liability of participants to spectators, it would only be founded if it was shown that there had been a reckless disregard for the spectator's safety. ......

Assessment of future loss of earnings claim. Where a judge was assessing an award for future loss of earnings in a personal injury claim, and it was clear that an expert who was instructed to give details of wage levels in the claimant's profession had made an inadvertent mistake in his conclusi......

Hospital Trust Granted Summary Judgment In Clinical Negligence Claim Where Claimant Debarred From Relying On New Expert Evidence:-Judge Stockdale QC (sitting as a deputy High Court judge) granted the Defendant hospital trust summary judgment in respect of all outstanding issues in the underlying cl......

The Court of Appeal held that the judge below had erred, both in law and on the facts, to hold that the respondent GP's negligent delay in referring the appellant patient to hospital, and which hospital had negligently delayed the correct diagnosis of the patient's condition, had not been causative......

Principles applicable to assessment of damages. The court set out the principles applicable to the assessment of damages under the principle in Wrotham Park Estate Co Ltd v Parkside Homes Ltd (1974) 1 WLR 798. ......

In order to succeed in his application to set aside the judgment three preconditions had to be satisfied, namely that the applicant had not attended the trial for good reason, he had an arguable case on the merits and had applied to set aside the judgment promptly. If each of those three hurdles wa......

The pursuer sought damages for spinal injuries suffered in a car crash in Romania. The defenders, an insurance company incorporated under Romanian law, were insurers of the car in which the pursuer was travelling at the time of the accident. The defenders formally admitted liability for the acciden......